Durham cop cleared of dangerous driving

Civilian seriously hurt in Taunton Road crash

Taunton accident motorcycle tape

Ryan Pfeiffer / Metroland

OSHAWA -- The Special Investiagtion Unit is investigating a collision between a Durham Regional Police vehicle and a motorcycle on Taunton Road near Stevenson Road North Thursday afternoon June 30. There were no major injuries in the accident. June 30, 2011.

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Jurors deliberated for about five hours Monday before acquitting Constable Bradley Browne of the single charge he faced. The verdict was delivered at about 8:15 p.m.

The finding indicates jurors did not agree that the 27-year-old officer was acting in a criminal manner when he drove his westbound cruiser into the eastbound lanes of Taunton Road on the afternoon of June 30, 2011, after hearing a general broadcast for an officer in distress, said defence lawyer Bill MacKenzie.

"In my mind it never felt right that Brad should have been charged with a criminal offence," he said. "That's a stretch."

Const. Browne, who was on duty Tuesday, did not reply to a request for comment. But when he took the stand in his own defence last week, he testified he was rushing to respond to a 10-33 call -- an officer in distress -- when he sped from north Oshawa toward south Whitby on the day of the crash.

"A 10-33 is a priority one call. And priority one is our top priority," he said.

Court heard that Const. Browne's cruiser reached a top speed of 151 km/h as he drove west on Taunton Road. The collision occurred when he made the decision to bypass traffic stopped at a red light near Stevenson Road by veering into the eastbound lanes.

At that moment Timothy Holden pulled his bike into the eastbound passing lane to go around a vehicle that had slowed in front of him, court heard. He was sent flying when he was sideswiped by the police car, sustaining multiple serious injuries including broken bones.

Mr. Holden was off work for nearly two years and still feels the effects of his injuries, court heard.

"We as police officers are sworn to uphold the Canadian justice system and we have to have faith in that system," he said.

"I believe the system works."

Officers are continually called upon to make decisions that balance their responsibility to respond to calls with public safety, he said.

"It's a case-by-case scenario; they're required to make those decisions in a split second."

The dangerous driving charge was recommended by the Special Investigations Unit, which probes incidents of death or injury involving police. Although he faced a criminal charge, Const. Browne continued to perform regular patrol duties while he awaited trial.